New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-11
NO STAIN ON THE STANDARD.
ROGERS ARCHBOLD AND McGREGOR
FREED.
NO EVIDENCE SHOWN CONNECTING THEM WITH
THE ALLEGED BUFFALO CONSPIRACY.
fpY rPIFaR Iyu tn THE rRIHUyEJ

no EVIDENCE SHOWN CONNECTING THEM WITH
THE ALLEGED BUFFALO CONSPIRACY.
| fDr TELEGRAPH THE TRIBUsEI
BUFFALO, May Io-The Standard Oil stock Is quoted
high tonight account of the partial victory In the
criminal suit brought punish interested in 1t for
alleged attempt to njure trade and commerce. This
the eighth day of and tho prosecution rested
| late in the afternoon. Counsel for Henry H.
| Rogers, John d. Archbold aud Ambrose McGregor.
the three NewYork oil magnates asked that they be ac-
quilted by order Of tho Court the ground that no evil
dence had been produced connecting them with the al
legged conspiracy. Judge uaight granted the request.
Notice was given by Lawyer Coggswel that he would to-
morrow make motion TO dismiss the indictment against
Hiram and Charles Everest OF Rochester on the same
ground Should this be denied the defence has host Of
witnesses to show that Charles B. Mathews president OF
the Buffalo Company, wanted to sell out to the
Standard Oil Company. Some interesting
developments expected IL the judge Is willing to let
the jury decide the Of the Everests An important
witness to-day John d. Rockefeller president OF the
Standard Oil Company.
The forenoon session of the trial not fruitful De-
tecve John Byrne recalled and examined regarding
his employment as a detective in the works Of the
Buffalo Company. The contract recited the fact that
Mr. Dodd, the Nev-York counsel for the Standard Com
pany, had suspected that the Buffalo Company in
frngng patents owned by the Vacuum and he was to
make thorough investigation OF the matter The con-
| tract gave details OF the information wanted.
| Complainant Mathews was recalled and admitted hav
ing said something within week about selling out TO tho
Standard Oil Company He also spoke to Editor Allison
OF The OIL Paint and Drug Reporter the same subject
| in the courtroom
Eldon II. Hamilton testified that he worked for the
Vacuum Oil Company in Boston as q shipping clerk in
| 1881 He Miller around the store Miller did no
work, but cams and went rs he pleased
Franz " Beach, secretary OF tho Vacuum Oil Company
at Rochester testified that he had held that position since
1880 lie there from Titusve, where he was an oil
Dofo ba lyvith the
Pipe Line Company. The witness produced state ment
OF the account OF Albert w. Miller with the Vacuum
Company as well as the books of the company when
meetings OF the directors were held At one OF them
dividend OF 40 per cent declared
Judge IIaight ruled out the amounts OF subsequent
dividends. The object to show that the five de-
PENDANTS participated in the meetings and
| were engaged in managing tho business.
| Tho incorporation certificate of the Vacuum
| Oil Company introduced as evidence. To save time
attorneys for the defendants admitted that Messrs
Rogers McGregor and Arohbod had bought threequar'
ters OF the vacuums stock
AT the afternoon session when President R0ckaseller OF
the STANDARD was sworn spectators manifested much
interest in the oil king lie testified that no lived
In New.York city, but had formerly lived In
| Cleveland lie went TO NewYork about ten or
twelve years ago for the winter season and changed his
residence permanently about five years aso.
Q.-Wbat Is your businessi Al am engaged in tho
oil refining business at Cleveland
Q-where besides Cleyeandl Al am engaged In
IL nowhere else.
Or ever have beeni A.-No, sir.
6-Do YOU know such an institution or corporation as
the STANDARD Oil Company Al do.
Q-IIow long hayeyou knowniti A.-since It's forma-
o-when was thati Al think It was earlier than
$50. but positively speak. should say about
Q.-Yol we're an incorporatorl Ayes, sir.
Mr Rockefeller said that the standard on Compane,s
aud Pennsy lvania. Asked what the Standard business
-, Dedrtry oIlp
"Anything else r. was asked.
incidentally manufacturing with the refining, such
as making barrels and work about the Stills
docs The Standard own any pipe hnesT
Are there pipe lines under the control or management
OF the Standard T.
" Either directly or indrcctyT
Mr., Rockefeller testified that he knew Messrs. Nc
Gregor Archbod and Rogers; they were also engaged
In the oil business they had some connection with
Standard Rogers vice president OF the Pratt
irey contempated buying the Vacuum Company the
standard had interest In the sale; the defendants
This ended the for tho defence and the
District Attorney asked the Court to instruct the Jury
should apply all the defendanta .,,-.,-,,,
Judge IIaght. "but will give the jury proper nstruc-
ton. The declaration made by co-consprator when
h Co couspirators but the evidence be received
until prima face cas- Of unlawful agreement Is made
said Assistant District A torney Mary. AMI would
like the ruling the for the people Is ready TO DO
closed" .,
perfect liberty to close at any timo,' said
Lawyer Bacon IL, .
Judge aight again declined to rule on the question at
present. -, - H.. L. -
half OF The three NEWCOMERS that the Indictment as
ganst them dismissed, the ground that there was
not sufficient evidence to put them upon their defence
Mr. Brundage conceded that there might oe evidence on
which TO 20 the Jury with the two EVeress Ihe on
evidence against the NEWCOMERS was that they bau
bought stock in the Vacuum . ,., 49,, .,,,
10 acqut the three wiorkers, and long argument
followed. ,,-,. ,-.t,.,
After examining some evidence Judge IIaght decided
a follows:
GENTLEMEN: shall advise 20 acqu the three defend
Archbod and McGrego upon tho GROUND tst
eem the eyidenco insufficient convict them OF the crime
charged thero should be conviction against hei II
would DO the court 10 Interfere and SCI asue o
acts alleged one OF these rs pnsai6s
away witness Miller, servant OF tho pu.s ~,
eonipany another Is charge OF bringing false suits
against tie Bunalo Company So far encng the servant
way three defendants knew anything ABOUT mat
and there that they even heard OF ~ 20 m
Alternating 10 blow up Buffalo COmpanys works coh
cerned am unable TO Tecolcct any evidence cOnneC'ing
them with IT, Tho only doubt had was aDout y, @ tms
Tine evidence hardly sufficient to warrant con
appear that these actions were pouKh, t
probable cause The fact that actions were DrOugt anu tne
| The plaintiffs were defeated is not suneient 10
warrant jury In finding that th9 scuons enS
were false Holding stock in an OIL or any any
other cornoratiou Is not criminal act While conspiracy
can e shown y Iaots and they must eNs SO
as 10 prove tho guilt defendants beyond reasonaDe
doubt We cannot presume that man u guy o
result only be established py eFiuon00 P'V'n
| II Is beyond reasonable doubt
The trial of tho Messrs Everest will be resumed To-
morrow.
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